Terms of Service

Acceptance of the Terms of Service

Wel­come to this web­site of Systence Games Ltd. (“Com­pany”, “we” or “us”). The fol­low­ing terms and con­di­tions, to­gether with any doc­u­ments they ex­pressly in­cor­po­rate by ref­er­ence (col­lec­tively, these “Terms of Ser­vice”), gov­ern your ac­cess to and use of (whether as a guest or a reg­is­tered user) our web­sites, in­clud­ing www.​systencegames.​com and www.​maestrosgame.​com, any Com­pany games, and any re­lated con­tent, func­tion­al­ity and ser­vices of­fered by Com­pany (col­lec­tively, the “Ser­vice”).

Please read the Terms of Ser­vice care­fully be­fore you start to use the Ser­vice. By using the Ser­vice (or in­stalling any game/app or click­ing to ac­cept or agree to the Terms of Ser­vice when this op­tion is made avail­able to you), you ac­cept and agree to be bound and abide by these Terms of Ser­vice and our Pri­vacy Pol­icy, found at www.systencegames.​com/​privacy, which is hereby ex­pressly in­cor­po­rated herein by ref­er­ence. If you do not agree to these Terms of Ser­vice or the Pri­vacy Pol­icy, you must not ac­cess or use the Ser­vice.

The Ser­vice is of­fered and avail­able to users who are 13 years of age or older. By ac­cess­ing or oth­er­wise using the Ser­vice, you rep­re­sent that you are age 13 or older and you un­der­stand and agree to these Terms of Ser­vice. If you are be­tween the ages of 13 and 17, your legal guardian must re­view and agree to these Terms of Ser­vice. If you do not meet all of these re­quire­ments, you must not ac­cess or use the Ser­vice. If you are a legal guardian, you must re­strict all use of the Ser­vice by mi­nors, and you will deny ac­cess to chil­dren under the age of 13. You ac­cept full re­spon­si­bil­ity for any unau­tho­rized use of the Ser­vice by mi­nors. You are re­spon­si­ble for any use of your credit card or other pay­ment in­stru­ment (e.g. Pay­Pal) by mi­nors vis-à-vis the Ser­vice.

Changes to the Terms of Service

We may re­vise and up­date these Terms of Ser­vice from time to time in our sole dis­cre­tion. All changes are ef­fec­tive im­me­di­ately when we post them, and apply to all ac­cess to and use of the Ser­vice there­after. How­ever, any changes to the dis­pute res­o­lu­tion pro­vi­sions set forth in Gov­ern­ing Law and Ju­ris­dic­tion will not apply to any dis­putes for which the par­ties have ac­tual no­tice on or prior to the date the change is posted on the Ser­vice.

Your con­tin­ued use of the Ser­vice fol­low­ing the post­ing of re­vised Terms of Ser­vice means that you ac­cept and agree to the changes. You are ex­pected to check this page fre­quently so you are aware of any changes, as they are bind­ing on you.

Accessing the Service and Account Security

We re­serve the right to with­draw or amend the Ser­vice, and any ser­vice or ma­te­r­ial we pro­vide on the Ser­vice, in our sole dis­cre­tion with­out no­tice. We will not be li­able if for any rea­son all or any part of the Ser­vice is un­avail­able at any time or for any pe­riod. From time to time, we may re­strict ac­cess to some parts of the Ser­vice (in­clud­ing any web­site or any game/app), in­clud­ing to reg­is­tered users.

You are responsible for:

Making all arrangements necessary for you to have access to the Service

Ensuring that all persons who access the Service through your account, internet connection, hardware, or device are aware of these Terms of Service and comply with them.

To ac­cess the Ser­vice or some of the re­sources it of­fers, you may be asked to pro­vide cer­tain reg­is­tra­tion de­tails or other in­for­ma­tion. It is a con­di­tion of your use of the Ser­vice that all the in­for­ma­tion you pro­vide on the Ser­vice is cor­rect, cur­rent and com­plete. You agree that all in­for­ma­tion you pro­vide to reg­is­ter with the Ser­vice or oth­er­wise, in­clud­ing but not lim­ited to through the use of any in­ter­ac­tive fea­tures on the Ser­vice, is gov­erned by our Pri­vacy Pol­icy, and you con­sent to all ac­tions we take with re­spect to your in­for­ma­tion con­sis­tent with our Pri­vacy Pol­icy.

If you choose, or are pro­vided with, a user name, pass­word or any other piece of in­for­ma­tion as part of our se­cu­rity pro­ce­dures, you must treat such in­for­ma­tion as con­fi­den­tial, and you must not dis­close it to any other per­son or en­tity. You also ac­knowl­edge that your ac­count is per­sonal to you and agree not to pro­vide any other per­son with ac­cess to the Ser­vice or por­tions of it using your user name, pass­word or other se­cu­rity in­for­ma­tion. You agree to no­tify us im­me­di­ately of any unau­tho­rized ac­cess to or use of your user name or pass­word or any other breach of se­cu­rity. You also agree to en­sure that you exit from your ac­count at the end of each ses­sion. You should use par­tic­u­lar cau­tion when ac­cess­ing your ac­count from a pub­lic or shared com­puter so that oth­ers are not able to view or record your pass­word or other per­sonal in­for­ma­tion.

We have the right to dis­able any user name, pass­word or other iden­ti­fier, whether cho­sen by you or pro­vided by us, at any time in our sole dis­cre­tion for any or no rea­son, in­clud­ing if, in our opin­ion, you have vi­o­lated any pro­vi­sion of these Terms of Ser­vice.

Intellectual Property Rights

The Ser­vice and its en­tire con­tents, fea­tures and func­tion­al­ity (in­clud­ing but not lim­ited to all in­for­ma­tion, soft­ware, text, dis­plays, im­ages, video and audio, and the de­sign, se­lec­tion and arrange­ment thereof), are owned by the Com­pany, its li­cen­sors or other providers of such ma­te­r­ial and are pro­tected by United States and in­ter­na­tional copy­right, trade­mark, patent, trade se­cret and other in­tel­lec­tual prop­erty or pro­pri­etary rights laws.

These Terms of Ser­vice per­mit you to use the Ser­vice for your per­sonal, non-com­mer­cial use only. You must not re­pro­duce, dis­trib­ute, mod­ify, cre­ate de­riv­a­tive works of, pub­licly dis­play, pub­licly per­form, re­pub­lish, down­load, store or trans­mit any of the ma­te­r­ial on our Ser­vice, ex­cept as fol­lows:

If we provide desktop, mobile or other applications for download/installation, you may download/install a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

You may store files that are automatically cached by your Web browser for display enhancement purposes.

If we provide social media features with certain content, you make take such actions as are enabled by such features.

You must not:

Modify copies of any materials from this site.

Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.

Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

You must not ac­cess or use for any com­mer­cial pur­poses any part of the Ser­vice or any ser­vices or ma­te­ri­als avail­able through the Ser­vice.

If you wish to make any use of ma­te­r­ial on the Ser­vice other than that set out in this sec­tion, please ad­dress your re­quest to: company@systencegames.com.

If you print, copy, mod­ify, down­load or oth­er­wise use or pro­vide any other per­son with ac­cess to any part of the Ser­vice in breach of the Terms of Ser­vice, your right to use the Ser­vice will cease im­me­di­ately and you must, at our op­tion, re­turn or de­stroy any copies of the ma­te­ri­als you have made. No right, title or in­ter­est in or to the Ser­vice or any con­tent on the Ser­vice is trans­ferred to you, and all rights not ex­pressly granted are re­served by the Com­pany. Any use of the Ser­vice not ex­pressly per­mit­ted by these Terms of Ser­vice is a breach of these Terms of Ser­vice and may vi­o­late copy­right, trade­mark and other laws.

Trademarks

The Com­pany name, the terms “Systence Games” and “The Maestros”, the Com­pany’s logos, and all re­lated names, logos, prod­uct and ser­vice names, de­signs and slo­gans are trade­marks of the Com­pany or its af­fil­i­ates or li­cen­sors. You must not use such marks with­out the prior writ­ten per­mis­sion of the Com­pany. All other names, logos, prod­uct and ser­vice names, de­signs and slo­gans on the Ser­vice are the trade­marks of their re­spec­tive own­ers.

Prohibited Uses

You may use the Ser­vice only for law­ful pur­poses and in ac­cor­dance with these Terms of Ser­vice. You agree not to use the Ser­vice:

In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.

To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Service.

To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.

To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).

To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm the Company or users of the Service or expose them to liability.

Additionally, you agree not to:

Use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Service, including their ability to engage in real time activities through the Service.

Use any robot, spider or other automatic device, process or means to access the Service for any purpose, including monitoring or copying any of the material on the Service.

Use any manual process to monitor or copy any of the material on the Service or for any other unauthorized purpose without our prior written consent.

Use any device, software or routine that interferes with the proper working of the Service.

Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer or database connected to the Service.

Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.

Otherwise attempt to interfere with the proper working of the Service.

User Contributions

The Ser­vice may con­tain mes­sage boards, chat rooms, per­sonal web pages or pro­files, fo­rums, bul­letin boards and other in­ter­ac­tive fea­tures (col­lec­tively, “In­ter­ac­tive Ser­vices”) that allow users to post, sub­mit, pub­lish, dis­play or trans­mit to other users or other per­sons (here­inafter, “post”) con­tent or ma­te­ri­als (col­lec­tively, “User Con­tri­bu­tions”) on or through the Ser­vice.

All User Con­tri­bu­tions must com­ply with the Con­tent Stan­dards set out in these Terms of Ser­vice.

Any User Con­tri­bu­tion you post to the site will be con­sid­ered non-con­fi­den­tial and non-pro­pri­etary. By pro­vid­ing any User Con­tri­bu­tion on the Ser­vice, you grant us and our af­fil­i­ates and ser­vice providers, and each of their and our re­spec­tive li­censees, suc­ces­sors and as­signs the right to use, re­pro­duce, mod­ify, per­form, dis­play, dis­trib­ute and oth­er­wise dis­close to third par­ties any such ma­te­r­ial for any pur­pose.

You rep­re­sent and war­rant that:

You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.

All of your User Contributions do and will comply with these Terms of Service.

You un­der­stand and ac­knowl­edge that you are re­spon­si­ble for any User Con­tri­bu­tions you sub­mit or con­tribute, and you, not the Com­pany, have fully re­spon­si­bil­ity for such con­tent, in­clud­ing its le­gal­ity, re­li­a­bil­ity, ac­cu­racy and ap­pro­pri­ate­ness.

We are not re­spon­si­ble, or li­able to any third party, for the con­tent or ac­cu­racy of any User Con­tri­bu­tions posted by you or any other user of the Ser­vice.

Monitoring and Enforcement; Termination

We have the right to:

Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Service, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Service or the public or could create liability for the Company.

Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service.

Terminate or suspend your access to all or part of the Service for any or no reason, including without limitation, any violation of these Terms of Service.

With­out lim­it­ing the fore­go­ing, we have the right to fully co­op­er­ate with any law en­force­ment au­thor­i­ties or court order re­quest­ing or di­rect­ing us to dis­close the iden­tity or other in­for­ma­tion of any­one post­ing any ma­te­ri­als on or through the Ser­vice. YOU WAIVE AND HOLD HARM­LESS THE COM­PANY AND ITS AF­FIL­I­ATES, LI­CENSEES AND SER­VICE PROVIDERS FROM ANY CLAIMS RE­SULT­ING FROM ANY AC­TION TAKEN BY THE COM­PANY/ANY OF THE FORE­GO­ING PAR­TIES DUR­ING OR AS A RE­SULT OF ITS IN­VES­TI­GA­TIONS AND FROM ANY AC­TIONS TAKEN AS A CON­SE­QUENCE OF IN­VES­TI­GA­TIONS BY EI­THER THE COM­PANY/SUCH PAR­TIES OR LAW EN­FORCE­MENT AU­THOR­I­TIES.

How­ever, we can­not un­der­take to re­view all ma­te­r­ial be­fore it is posted on the Ser­vice, and can­not en­sure prompt re­moval of ob­jec­tion­able ma­te­r­ial after it has been posted. Ac­cord­ingly, we as­sume no li­a­bil­ity for any ac­tion or in­ac­tion re­gard­ing trans­mis­sions, com­mu­ni­ca­tions or con­tent pro­vided by any user or third party. We have no li­a­bil­ity or re­spon­si­bil­ity to any­one for per­for­mance or non­per­for­mance of the ac­tiv­i­ties de­scribed in this sec­tion.

Content Standards

These con­tent stan­dards apply to any and all User Con­tri­bu­tions and use of In­ter­ac­tive Ser­vices. User Con­tri­bu­tions must in their en­tirety com­ply with all ap­plic­a­ble fed­eral, state, local and in­ter­na­tional laws and reg­u­la­tions. With­out lim­it­ing the fore­go­ing, User Con­tri­bu­tions must not:

Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.

Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service and our Privacy Policy www.systencegames.com/privacy.

Be likely to deceive any person.

Promote any illegal activity, or advocate, promote or assist any unlawful act.

Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.

Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.

Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement

If you be­lieve that any User Con­tri­bu­tions vi­o­late your copy­right, or that any ma­te­r­ial re­sid­ing on or linked to from the Web­site in­fringes your copy­right, please send the Com­pany a no­ti­fi­ca­tion of claimed in­fringe­ment with all of the fol­low­ing in­for­ma­tion: (a) iden­ti­fi­ca­tion of the copy­righted work claimed to have been in­fringed, or, if mul­ti­ple copy­righted works are cov­ered by a sin­gle no­ti­fi­ca­tion, a rep­re­sen­ta­tive list of such works; (b) iden­ti­fi­ca­tion of the claimed in­fring­ing ma­te­r­ial and in­for­ma­tion rea­son­ably suf­fi­cient to per­mit us to lo­cate the ma­te­r­ial on the Web­site (such as the URL(s) of the claimed in­fring­ing ma­te­r­ial); (c) in­for­ma­tion rea­son­ably suf­fi­cient to per­mit us to con­tact you, such as an ad­dress, tele­phone num­ber, and, if avail­able, an email ad­dress; (d) a state­ment by you that you have a good faith be­lief that the dis­puted use is not au­tho­rized by the copy­right owner, its agent, or the law; (e) a state­ment by you that the above in­for­ma­tion in your no­ti­fi­ca­tion is ac­cu­rate and a state­ment by you, made under penalty of per­jury, that you are the owner of an ex­clu­sive right that is al­legedly in­fringed or are au­tho­rized to act on the owner's be­half; and (f) your phys­i­cal or elec­tronic sig­na­ture.

Reliance on Information Posted

The in­for­ma­tion pre­sented on or through the Ser­vice is made avail­able solely for gen­eral in­for­ma­tion pur­poses. We do not war­rant the ac­cu­racy, com­plete­ness or use­ful­ness of this in­for­ma­tion. Any re­liance you place on such in­for­ma­tion is strictly at your own risk. We dis­claim all li­a­bil­ity and re­spon­si­bil­ity aris­ing from any re­liance placed on such ma­te­ri­als by you or any other vis­i­tor to the Ser­vice, or by any­one who may be in­formed of any of its con­tents.

The Ser­vice may in­clude con­tent pro­vided by third par­ties, in­clud­ing ma­te­ri­als pro­vided by ad­ver­tis­ers, other users, blog­gers and third-party li­cen­sors, syn­di­ca­tors, ag­gre­ga­tors and/or re­port­ing ser­vices. All state­ments and/or opin­ions ex­pressed in these ma­te­ri­als, and all ar­ti­cles and re­sponses to ques­tions and other con­tent, other than the con­tent pro­vided by the Com­pany, are solely the opin­ions and the re­spon­si­bil­ity of the per­son or en­tity pro­vid­ing those ma­te­ri­als. These ma­te­ri­als do not nec­es­sar­ily re­flect the opin­ion of the Com­pany. We are not re­spon­si­ble, or li­able to you or any third party, for the con­tent or ac­cu­racy of any ma­te­ri­als pro­vided by any third par­ties.

Changes to the Service

We may up­date the con­tent on the Ser­vice from time to time, but its con­tent is not nec­es­sar­ily com­plete or up-to-date. Any of the ma­te­r­ial on the Ser­vice may be out of date at any given time, and we are under no oblig­a­tion to up­date such ma­te­r­ial.

Information About You and Your Visits to the Service

All in­for­ma­tion we col­lect on the Ser­vice is sub­ject to our Pri­vacy Pol­icy www.systencegames.com/privacy.​ By using the Ser­vice, you con­sent to all ac­tions taken by us with re­spect to your in­for­ma­tion in com­pli­ance with the Pri­vacy Pol­icy.

Purchases Terms and Conditions

All pur­chases on or through the Ser­vice are gov­erned by the fol­low­ing terms and con­di­tions.

In the Service you may purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) “virtual currency”, including but not limited to virtual cash, all for use in Company games; (b) “virtual in-game items” (together with “virtual currency”, “Virtual Items”); and (c) other goods or services (“Merchandise”).

Company may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. Company shall have no liability to you or any third party in the event that Company exercises any such rights.

The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, redeem or otherwise transfer Virtual Items or Merchandise to any person or entity, including but not limited to Company, another user or any third party.

The provision of Virtual Items for use in Company games is a service provided by Company that commences immediately upon acceptance by Company of your purchase.

You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. If you are a legal guardian, you are responsible for any use of your credit card or other payment instrument (e.g. PayPal) by minors on the Service. Company may revise the pricing for the goods and services offered through the Service at any time. YOU ACKNOWLEDGE THAT COMPANY IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY. ALL PURCHASES AND REDEMPTIONS OF THIRD PARTY VIRTUAL CURRENCY MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE.

Com­pany owns, has li­censed, or oth­er­wise has rights to use all of the con­tent that ap­pears in the Ser­vice or in Com­pany games. Notwith­stand­ing any pro­vi­sion to the con­trary herein, you agree that you have no right or title in or to any con­tent that ap­pears in the Ser­vice, in­clud­ing with­out lim­i­ta­tion the Vir­tual Items ap­pear­ing or orig­i­nat­ing in any Com­pany game, whether earned in a game or pur­chased from Com­pany, or any other at­trib­utes as­so­ci­ated with an Ac­count or stored on the Ser­vice.

Linking to the Service and Social Media Features

You may link to our home­page, pro­vided you do so in a way that is fair and legal and does not dam­age our rep­u­ta­tion or take ad­van­tage of it, but you must not es­tab­lish a link in such a way as to sug­gest any form of as­so­ci­a­tion, ap­proval or en­dorse­ment on our part with­out our ex­press writ­ten con­sent.

The Ser­vice may pro­vide cer­tain so­cial media fea­tures that en­able you to:

Link from your own or certain third-party websites to certain content on the Service.

Send e-mails or other communications with certain content, or links to certain content, on the Service.

Cause limited portions of content on the Service to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these fea­tures solely as they are pro­vided by us, solely with re­spect to the con­tent they are dis­played with, and oth­er­wise in ac­cor­dance with any ad­di­tional terms and con­di­tions we pro­vide with re­spect to such fea­tures. Sub­ject to the fore­go­ing, you must not:

Establish a link from any website that is not owned by you.

Cause the Service or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.

Link to any part of the Service other than the homepage.

Otherwise take any action with respect to the materials on the Service that is inconsistent with any other provision of these Terms of Service.

You agree to co­op­er­ate with us in caus­ing any unau­tho­rized fram­ing or link­ing im­me­di­ately to cease. We re­serve the right to with­draw link­ing per­mis­sion with­out no­tice.

We may dis­able all or any so­cial media fea­tures and any links at any time with­out no­tice in our dis­cre­tion.

Links from the Service

If the Ser­vice con­tains links to other sites and re­sources pro­vided by third par­ties, these links are pro­vided for your con­ve­nience only. This in­cludes links con­tained in ad­ver­tise­ments, in­clud­ing ban­ner ad­ver­tise­ments and spon­sored links. We have no con­trol over the con­tents of those sites or re­sources, and ac­cept no re­spon­si­bil­ity for them or for any loss or dam­age that may arise from your use of them. If you de­cide to ac­cess any of the third party web­sites linked to the Ser­vice, you do so en­tirely at your own risk and sub­ject to the terms and con­di­tions of use for such web­sites.

Geographic Restrictions

Ac­cess to the Ser­vice may not be legal by cer­tain per­sons or in cer­tain coun­tries. If you ac­cess the Ser­vice from out­side the United States, you do so on your own ini­tia­tive and are re­spon­si­ble for com­pli­ance with local laws.

Disclaimer of Warranties

You un­der­stand that we can­not and do not guar­an­tee or war­rant that files avail­able for down­load­ing from the in­ter­net or the Ser­vice will be free of viruses or other de­struc­tive code. You are re­spon­si­ble for im­ple­ment­ing suf­fi­cient pro­ce­dures and check­points to sat­isfy your par­tic­u­lar re­quire­ments for anti-virus pro­tec­tion and ac­cu­racy of data input and out­put, and for main­tain­ing a means ex­ter­nal to our site for any re­con­struc­tion of any lost data. WE WILL NOT BE LI­ABLE FOR ANY LOSS OR DAM­AGE CAUSED BY A DIS­TRIB­UTED DE­NIAL-OF-SER­VICE AT­TACK, VIRUSES OR OTHER TECH­NO­LOG­I­CALLY HARM­FUL MA­TE­R­IAL THAT MAY IN­FECT YOUR MO­BILE DE­VICES, COM­PUTER EQUIP­MENT, COM­PUTER PRO­GRAMS, DATA OR OTHER PRO­PRI­ETARY MA­TE­R­IAL DUE TO YOUR USE OF THE SER­VICE OR ANY SER­VICES OR ITEMS OB­TAINED THROUGH THE SER­VICE OR TO YOUR DOWN­LOAD­ING OF ANY MA­TE­R­IAL POSTED ON IT, OR ON ANY SER­VICE LINKED TO IT.

YOUR USE OF THE SER­VICE, ITS CON­TENT AND ANY SER­VICES OR ITEMS OB­TAINED THROUGH THE SER­VICE IS AT YOUR OWN RISK. THE SER­VICE, ITS CON­TENT AND ANY SER­VICES OR ITEMS OB­TAINED THROUGH THE SER­VICE ARE PRO­VIDED ON AN “AS IS” AND “AS AVAIL­ABLE” BASIS, WITH­OUT ANY WAR­RANTIES OF ANY KIND, EI­THER EX­PRESS OR IM­PLIED. NEI­THER THE COM­PANY NOR ANY PER­SON AS­SO­CI­ATED WITH THE COM­PANY MAKES ANY WAR­RANTY OR REP­RE­SEN­TA­TION WITH RE­SPECT TO THE COM­PLETE­NESS, SE­CU­RITY, RE­LI­A­BIL­ITY, QUAL­ITY, AC­CU­RACY OR AVAIL­ABIL­ITY OF THE SER­VICE. WITH­OUT LIM­IT­ING THE FORE­GO­ING, NEI­THER THE COM­PANY NOR ANY­ONE AS­SO­CI­ATED WITH THE COM­PANY REP­RE­SENTS OR WAR­RANTS THAT THE SER­VICE, ITS CON­TENT OR ANY SER­VICES OR ITEMS OB­TAINED THROUGH THE SER­VICE WILL BE AC­CU­RATE, RE­LI­ABLE, ER­ROR-FREE OR UN­IN­TER­RUPTED, THAT DE­FECTS WILL BE COR­RECTED, THAT OUR SER­VICE OR THE SERVER THAT MAKES IT AVAIL­ABLE ARE FREE OF VIRUSES OR OTHER HARM­FUL COM­PO­NENTS OR THAT THE SER­VICE OR ANY SER­VICES OR ITEMS OB­TAINED THROUGH THE SER­VICE WILL OTH­ER­WISE MEET YOUR NEEDS OR EX­PEC­TA­TIONS.

THE COM­PANY HEREBY DIS­CLAIMS ALL WAR­RANTIES OF ANY KIND, WHETHER EX­PRESS OR IM­PLIED, STATU­TORY OR OTH­ER­WISE, IN­CLUD­ING BUT NOT LIM­ITED TO ANY WAR­RANTIES OF MER­CHANTABIL­ITY, NON-IN­FRINGE­MENT AND FIT­NESS FOR PAR­TIC­U­LAR PUR­POSE.

THE FORE­GO­ING DOES NOT AF­FECT ANY WAR­RANTIES WHICH CAN­NOT BE EX­CLUDED OR LIM­ITED UNDER AP­PLIC­A­BLE LAW.

Limitation on Liability

IN NO EVENT WILL THE COM­PANY, ITS AF­FIL­I­ATES OR THEIR LI­CEN­SORS, SER­VICE PROVIDERS, EM­PLOY­EES, AGENTS, OF­FI­CERS OR DI­REC­TORS BE LI­ABLE FOR DAM­AGES OF ANY KIND, UNDER ANY LEGAL THE­ORY, ARIS­ING OUT OF OR IN CON­NEC­TION WITH YOUR USE, OR IN­ABIL­ITY TO USE, THE SER­VICE, ANY SER­VICES LINKED TO IT, ANY CON­TENT ON THE SER­VICE OR SUCH OTHER SER­VICES OR ANY SER­VICES OR ITEMS OB­TAINED THROUGH THE SER­VICE OR SUCH OTHER SER­VICES, IN­CLUD­ING ANY DI­RECT, IN­DI­RECT, SPE­CIAL, IN­CI­DEN­TAL, CON­SE­QUEN­TIAL OR PUNI­TIVE DAM­AGES, IN­CLUD­ING BUT NOT LIM­ITED TO, PER­SONAL IN­JURY, PAIN AND SUF­FER­ING, EMO­TIONAL DIS­TRESS, LOSS OF REV­ENUE, LOSS OF PROF­ITS, LOSS OF BUSI­NESS OR AN­TIC­I­PATED SAV­INGS, LOSS OF USE, LOSS OF GOOD­WILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (IN­CLUD­ING NEG­LI­GENCE), BREACH OF CON­TRACT OR OTH­ER­WISE, EVEN IF FORE­SEE­ABLE.

THE FORE­GO­ING DOES NOT AF­FECT ANY LI­A­BIL­ITY WHICH CAN­NOT BE EX­CLUDED OR LIM­ITED UNDER AP­PLIC­A­BLE LAW.

Indemnification

You agree to de­fend, in­dem­nify and hold harm­less the Com­pany, its af­fil­i­ates, li­cen­sors and ser­vice providers, and its and their re­spec­tive of­fi­cers, di­rec­tors, em­ploy­ees, con­trac­tors, agents, li­cen­sors, sup­pli­ers, suc­ces­sors and as­signs from and against any claims, li­a­bil­i­ties, dam­ages, judg­ments, awards, losses, costs, ex­penses or fees (in­clud­ing rea­son­able at­tor­neys’ fees) aris­ing out of or re­lat­ing to your vi­o­la­tion of these Terms of Ser­vice or your use of the Ser­vice, in­clud­ing, but not lim­ited to, your User Con­tri­bu­tions, any use of the Ser­vice’s con­tent, ser­vices and prod­ucts other than as ex­pressly au­tho­rized in these Terms of Ser­vice or your use of any in­for­ma­tion ob­tained from the Ser­vice.

Governing Law and Jurisdiction

All mat­ters re­lat­ing to the Ser­vice and these Terms of Ser­vice and any dis­pute or claim aris­ing there­from or re­lated thereto (in each case, in­clud­ing non-con­trac­tual dis­putes or claims), shall be gov­erned by and con­strued in ac­cor­dance with the in­ter­nal laws of the State of Cal­i­for­nia with­out giv­ing ef­fect to any choice or con­flict of law pro­vi­sion or rule (whether of the State of Cal­i­for­nia or any other ju­ris­dic­tion).

Any legal suit, ac­tion or pro­ceed­ing aris­ing out of, or re­lated to, these Terms of Ser­vice or the Ser­vice shall be in­sti­tuted ex­clu­sively in the fed­eral courts of the United States or the courts of the State of Cal­i­for­nia, in each case lo­cated in the City of Los An­ge­les and County of Los An­ge­les, al­though we re­tain the right to bring any suit, ac­tion or pro­ceed­ing against you for breach of these Terms of Ser­vice in your coun­try of res­i­dence or any other rel­e­vant coun­try. You waive any and all ob­jec­tions to the ex­er­cise of ju­ris­dic­tion over you by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF AC­TION OR CLAIM YOU MAY HAVE ARIS­ING OUT OF OR RE­LAT­ING TO THESE TERMS OF SER­VICE OR THE SER­VICE MUST BE COM­MENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF AC­TION AC­CRUES, OTH­ER­WISE, SUCH CAUSE OF AC­TION OR CLAIM IS PER­MA­NENTLY BARRED.

Waiver and Severability

No waiver of by the Com­pany of any term or con­di­tion set forth in these Terms of Ser­vice shall be deemed a fur­ther or con­tin­u­ing waiver of such term or con­di­tion or a waiver of any other term or con­di­tion, and any fail­ure of the Com­pany to as­sert a right or pro­vi­sion under these Terms of Ser­vice shall not con­sti­tute a waiver of such right or pro­vi­sion.

If any pro­vi­sion of these Terms of Ser­vice is held by a court or other tri­bunal of com­pe­tent ju­ris­dic­tion to be in­valid, il­le­gal or un­en­force­able for any rea­son, such pro­vi­sion shall be elim­i­nated or lim­ited to the min­i­mum ex­tent such that the re­main­ing pro­vi­sions of the Terms of Ser­vice will con­tinue in full force and ef­fect.

Entire Agreement

The Terms of Ser­vice and our Pri­vacy Pol­icy con­sti­tute the sole and en­tire agree­ment be­tween you and Com­pany with re­spect to the Ser­vice and su­per­sede all prior and con­tem­po­ra­ne­ous un­der­stand­ings, agree­ments, rep­re­sen­ta­tions and war­ranties, both writ­ten and oral, with re­spect to the Ser­vice.

Notices

We may no­tify you via post­ings on our web­sites, and via e-mail or any other com­mu­ni­ca­tions means to con­tact in­for­ma­tion you pro­vide to us. All no­tices given by you or re­quired from you under these Terms of Ser­vice or our Pri­vacy Pol­icy shall be in writ­ing and ad­dressed electronically to: Systence Games Ltd, company@systencegames.com. Any no­tices that you pro­vide with­out com­pli­ance with this para­graph shall have no legal ef­fect.

Your Comments and Concerns

All feed­back, com­ments, re­quests for tech­ni­cal sup­port and other com­mu­ni­ca­tions re­lat­ing to the Ser­vice should be di­rected to: Systence Games Ltd, company@systencegames.com